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Terms of Use

This Terms of Use Agreement sets forth the standards of use of the Thompson Street Capital Partners (TSCP) Website. By using www.thompsonstreet.net (the “Site”) you (the “Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this Site. We reserve the right, at any time, to modify, alter or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at the Site. Your continued use of the Site after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

1. Disclaimer of warranties

The Site is provided by TSCP on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, TSCP makes no, and expressly disclaims all, representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. TSCP shall have no liability for any interruptions in the use of this Site. TSCP disclaims all warranties with regard to the information provided, expressed or implied. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

2. Limitation of liability

TSCP SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR TSCP SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF TSCP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY BE INAPPLICABLE.

3. Indemnification

Member agrees to indemnify and hold TSCP, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Site, the violation of this Agreement, or infringement by Member, or other user of the Site using Member’s computer, of any intellectual property or any other right of any person or entity.

4. Modifications and interruption to the Site

TSCP reserves the right to modify, suspend, discontinue or restrict the use and availability of any portion of the Site with or without notice to the Member. TSCP shall not be liable to Member or any third party should TSCP exercise any of its foregoing rights. Member acknowledges and accepts that TSCP does not guarantee continuous, uninterrupted or secure access to the Site and operation of the Site may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

5. Third-party sites

The Site may include links to other Websites on the Internet that are owned and operated by online merchants and other third parties. Member acknowledges that TSCP is not responsible for the availability of, or the content located on or through, any third-party site. Member should contact the Site administrator or webmaster for those third-party sites if Member has any concerns regarding such links or the content located on such sites. Member’s use of third-party sites is subject to the terms of use and privacy policies of each site, and TSCP is not responsible therein. TSCP encourages all Members to review said privacy policies of third-parties’ sites.

6. Disclaimer regarding accuracy of information

While TSCP makes every effort to ensure that the information on the Site is accurate, TSCP makes no representations or warranties as to the accuracy or reliability of any information provided on the Site. TSCP makes no warranties or representations whatsoever with regard to any product provided or offered.

7. Compliance with laws

Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Site in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

8. Copyright and information

All content included or available on the Site, including design, text, graphics, interfaces, and the selection and arrangements thereof is ©2007 www.thompsonstreet.net, with all rights reserved, or is the property of TSCP and/or third parties protected by intellectual property rights. Any use of materials on the Site, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of TSCP is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of TSCP.

9. Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. Member agrees that this Terms of Use Agreement and any other agreements referenced herein may be assigned by TSCP, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.

Effective date: This Terms of Use Agreement was last updated on August 1, 2007.